Each day, numerous Boston residents use the Massachusetts Bay Transportation Authority (MBTA) commuter rail, bus lines, and other services to reach different parts of the city and its nearby areas. The Public Transportation Ridership Report states that as of the third quarter of 2024, MBTA served around 812,400 people every weekday.
Given the substantial number of people relying on the MBTA public transportation services, regular commuters have a higher chance of getting injured. And, unfortunately, this does happen frequently due to insufficient infrastructure maintenance and negligent actions of the MBTA staff.
MBTA Accident Statistics
| MBTA train lines (Red, Blue, Green, and Orange) had around 1,000 incidents each year from 2019 to 2022. | In 2023, the T saw 104 bus accidents, exceeding the expected 81. | There were 22 heavy rail accidents in 2023. |
| From 2017 to 2021, five MBTA train crashes caused 45 injuries. These incidents accounted for 38% of all light rail accidents in the U.S. | The most frequent issue on the Red, Orange, and Blue lines was the “half door shut off,” where one side of a double door fails to function. | The Red Line reported 727 “half door shut off” incidents over 3.5 years, accounting for 43% of all reported accidents. |
What Should I Do After the MBTA Accident?
Quick and proper action, whether it’s an MBTA bus accident or a car accident, is what can help you maximize your settlement. Follow these steps to document the incident, protect your legal rights, and set yourself up for the best possible outcome:
- Check for injuries: Ensure you and others are safe. If you have serious injuries, such as broken bones or head injuries, and feel pain when trying to move, stay still and wait for help. If anyone needs immediate medical help and you can move, call 911.
- Gather witness contact details: Do this as soon as possible, as people often rush and may leave quickly. Ask them if they saw the incident, and if they did, collect their contact details: names, phone numbers, and email addresses.
- Notify the MBTA staff: Your report should include details like date, time, MBTA vehicle number, and your injuries. This will establish proof that you actually alerted the MBTA about the problem.
- Obtain a police report: Call 911 or contact the MBTA Transit Police to document the scene and file an official report. Make sure to write down the officer’s name and badge number, as well as the report number. You’ll need this to receive a copy of the report later.
- Take photos of everything at the scene: Documentation should include the subway, train, or bus accident scene, any visible injuries, and damaged personal property. Weather conditions, time of day, and unusual circumstances should be noted.
- Seek medical attention: Visit a healthcare provider even if your injuries are minor. Conditions like whiplash or concussions may have delayed symptoms. Most importantly, keep all medical records and bills organized.
- Contact an MBTA accident lawyer: Get in touch with a personal injury lawyer who has experience with MBTA lawsuits. They can handle communications with the organization, as well as take on all the rest. Most offer free initial consultations.
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What Kinds of Damages Can Be Recovered in MBTA Accident Cases?
Your compensation after an MBTA accident should cover all losses that you suffered because of it. Here are the main available damages in personal injury claims:
Current and future medical treatment costs, such as the costs of emergency services, hospital stays, surgeries, medications, physical therapy, and medical equipment. Compensation for missed work days, reduced earning capacity, and any impact on your future ability to earn. Personal items damaged in the train or bus accident, such as phones, laptops, clothing, jewelry, or glasses. Both physical pain and emotional distress. These should cover immediate and lasting impacts. Pain and suffering are non-monetary damages, which are harder to assess, but be sure Michael Kelly Injury Lawyers will calculate a fair value. Reduced ability to enjoy hobbies and other activities, like family time. These should also cover any permanent disabilities that may affect a victim’s lifestyle. Additional costs related to a subway or bus accident, like hiring help for household chores, transportation expenses, and more. Permanent visible injuries influencing a victim’s appearance and possibly impacting their social life and career.
Causes of MBTA Accidents
Operators of MBTA trains and subways are responsible for transporting all passengers to their destinations in a safe and secure manner. MBTA incidents frequently result from trains or subways being operated at speeds that exceed safe limits. Also, accidents happen due to unsafe conditions at MBTA premises, including train stations, subway stations, escalators, stairs, and train passageways.
Most MBTA subway and train incidents occur from either a vehicle crash or a slip and fall accident. If you’ve been injured because of a train or subway operator’s negligence, you may qualify for compensation for medical expenses, lost wages, and even non-monetary damages, such as pain and suffering.
MBTA Accident Injuries
A subway, train, or bus accident can lead to sprains, bruises, and broken bones, as well as catastrophic injuries, like head trauma or internal bleeding. These injuries often come with high medical bills, lost wages, and emotional distress.
If you were injured in an MBTA subway accident, on a train, commuter rail lines, or any other MBTA facility due to someone else’s negligence, you can be entitled to compensation. Whether you got in an MBTA bus accident or faced any other incident in the “T” facilities, our personal injury attorneys at Michael Kelly Injury Lawyers can assist you in winning your case!
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I contacted the Kelly firm on the advice of a friend who highly recommended them. I did a quick Live Chat on-line and within 10 minutes I was talking with Denis Cooper, Director of Client Relations. During our 20 minute conversation, Denis emailed me the documents for me to fill out and sign electronically. I am not only quite impressed at the speed of getting onboard, but the thoroughness, courtesy and professionalism displayed by Denis. I’m satisfied that I signed on with this firm to represent me.
How Long Do I Have to File an MBTA Accident Claim?
The Massachusetts Bay Transportation Authority operates under a special liability statute that provides a shorter statute of limitations compared to the general limitations period. So, while in most cases in Massachusetts, you have three years to file a personal injury lawsuit, if you got in an MBTA bus accident or suffered an escalator injury, the time limit will be different here.
According to the Mass. Gen. Laws Ch. 161A, § 38, you only have two years. Missing this two-year deadline means losing your right to seek compensation, no matter how strong your case is.
How Can a Boston MBTA Attorney Help You?
Though two years may seem like enough time, the legal process can be intricate and requires thorough preparation. A lawyer will help you meet all necessary deadlines to ensure you don’t lose your right to compensation.
But timely filing isn’t the only reason to hire an MBTA accident lawyer. Here are the main benefits:
- Your attorney knows which evidence can strengthen your claim. They will collect surveillance footage, witness statements, medical records, and accident reports before any of it is lost or deleted.
- Insurance companies often propose quick, low offers. Your MBTA accident lawyer will assess the actual damages in your personal injury claim, including any potential costs that can be easily overlooked, and pursue the compensation you truly deserve.
- Once you have a lawyer on your side, this will signal to the MBTA that you take your claim seriously. You will be more likely to achieve success in negotiations.
- You get peace of mind knowing professionals stand for your rights in your train or bus accident claim. Plus, you’ll have enough time to properly recover.
- If a settlement can’t be reached, your attorney will take your case to court and advocate on your behalf.
Contact Our MBTA Accident Lawyers!
If you’ve suffered injuries caused by another party’s negligence, contact our law office to arrange a free legal consultation at a location and time that works best for you. During our initial meeting, our lawyers will review the circumstances of your injury and other details of your case and explain the strengths and weaknesses of your case.
Should you decide to hire our law firm, our MBTA accident attorneys will persistently pursue justice on your behalf. Our lawyers work with complete dedication and thoroughness to secure the maximum compensation for you.
At Michael Kelly Injury Lawyers, we recognize that our clients have experienced life-changing injuries and deserve justice. Our clients are our top priority, and we take pride in the fact that our average personal injury settlement is $250,000
If you, or someone close to you, has been injured in an MBTA subway, train, or bus accident, reach out to our professionals at (617) 444-4444, and we’ll schedule a meeting. If you’d prefer one of our attorneys to contact you within 24 hours, please complete the free consultation form.
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FAQ
Can I Take Legal Action Against the MBTA for a Bus Accident?
Yes, you can take legal action against the MBTA if you get in a bus accident. Under Massachusetts law (Mass. Gen. Laws Ch. 258, § 2), you have the right to sue public entities, such as the MBTA, for negligence by their employees while on duty.
This means that if an MBTA driver causes an MBTA bus accident while performing their job, you can claim damages. However, you must demonstrate that the driver was negligent and that the MBTA bus accident occurred during their work duties.
Who Is Financially Responsible After My Boston MBTA Accident?
The MBTA may be liable for your expenses if they’re found responsible for the bus accident or any other incident. However, they won’t pay upfront — you’ll have to either settle your claim or win your case in court.
An attorney can help set up payment arrangements with medical providers or explore other methods to manage bills while your case is ongoing. They will also ensure you pursue compensation for all costs, including future medical expenses and non-monetary damages.
What Happens If I’m Partially Responsible for My MBTA Accident?
If you are partly responsible for an MBTA accident, you can still receive compensation under Massachusetts’ modified comparative negligence law. However, your compensation will be decreased by your degree of fault. For instance, if your damages are $100,000 and you’re found to be 30% at fault, you can claim $70,000.
Note that you can only claim if your fault is 50% or less. If you are found to be 51% or more at fault for the bus accident, you won’t be entitled to any compensation. Your MBTA accident lawyer can assist in gathering evidence to reduce your percentage of fault.
